Bill would deregulate child labor
A coalition of education advocates, labor organizations, and child welfare experts is calling on Governor Mike DeWine to veto Senate Bill 50, legislation that would allow 14- and 15-year-olds to work until 9 p.m. during the school year. The bill, which has passed both chambers of the Ohio General Assembly, threatens to put Ohio businesses at risk of federal labor violations, undermine student success, and expose young workers to increased risks of exploitation and injury.
Putting Ohio businesses at risk of federal labor violations
The dangers of deregulating youth labor laws are already evident in Iowa, where similar legislation last year led to confusion among employers, increased violations, and weakened enforcement. Iowa’s changes have created a legal minefield for businesses since federal law supersedes state law in this area. Iowa employers found themselves in violation of existing federal law, resulting in steep fines and reputational damage. One Subway franchisee was fined $73,000 for scheduling teens in accordance with Iowa’s new law. Ohio businesses could rack up similar fines navigating the conflicting law between the state and the federal government.
“The federal Fair Labor Standards Act (FLSA) limits 14- and 15-year-olds to work until 7 p.m. during the school year. State law also allows employers to pay these young people less than the Ohio minimum wage. SB 50’s proposal to allow work until 9 p.m. would create confusion among employers and complicate enforcement,” said Isbel Alvarado, case manager with the Central Ohio Worker Center. “Many small businesses are unaware that federal law supersedes state law, and as a result, young workers could be illegally scheduled.”
- The largest industry employer of teenagers is leisure and hospitality. In Ohio, of the child labor violations verified by the USDOL with Findings Start Dates from 2019 to 2023, 78% of violations were committed by Full and Limited-Service Restaurants.
- Iowa passed a similar bill to SB 50 in conflict with the FLSA. As a result of the mismatch in law, many Iowa businesses racked up tens of thousands of dollars in fines in violation of the FLSA.
“SB 50 sets Ohio up for the same chaos and harm that was seen in Iowa,” said Alvarado. “It invites legal confusion, undermines federal protections, and puts both children and employers at risk.”
Undermining student success
“Ohio has made advances in high school graduation rates, but chronic absenteeism is at crisis levels. Eroding child labor laws will hamper the state’s efforts to educate kids and build a robust future workforce,” said Hannah Halbert, executive director of Policy Matters Ohio. “SB 50 is a step backward for Ohio middle and high school students,” said Halbert. “Extending work hours into the evening is against federal law and compromises students’ ability to complete homework, get adequate rest, and engage meaningfully in their education.”
- Research shows that increased work hours among teens are associated with higher rates of absenteeism and school dropout. Students who work long hours during the school year are more likely to disengage from school, perform poorly academically, and face long-term consequences in employment and earnings.
- Students who do not get enough sleep are more likely to struggle with concentration, problem-solving, and retaining information. This can negatively impact their academic performance, leading to lower grades and decreased productivity in school.
Exposing young workers to increased risks of exploitation and injury
Additionally, SB 50 extends working hours for young teenagers into critical evening hours when students should be studying or resting. “Expanding youth work hours in Ohio takes away the time young people need to learn and rest, putting their futures—and our state’s future—at risk by widening educational gaps and deepening inequality,” said Brianna Booker, policy associate with the Children’s Defense Fund.
Another concerning threat to young teens working later at night is car accidents. While 14- and 15-year olds are too young to drive, working until 9pm would require riding with parents later at night, or in many cases relying on rides from peers and older siblings, exposing them to nighttime driving dangers.
- Car accidents are the leading cause of teen deaths. Governor DeWine has taken action on this issue in several ways this year: creating a new driver safety app for teen drivers, championing a new law to require driver’s education for Ohioans under 21 and devoting $6 million to driver training scholarships.
- Research also suggests teens who working later in the evening are at greater risk of exposure to workplace violence prevalent in retail and service sectors.
Governor DeWine now has the opportunity to protect Ohio’s youth by vetoing SB 50. Advocates urge him to prioritize education, safety, and long-term well-being over short-term labor market fixes.
For deeper analysis, please see opponent testimony from Policy Matters Ohio’s work & wages researcher, Heather Smith.
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